Skakel family: We have suffered too

David Hennessey

Published 6:26 pm, Saturday, February 23, 2013

Dorthy Moxley, mother of Martha Moxley speaks to a parole board at a hearing for Michael Skakel at McDougall-Walker Correctional Institution in Suffield, Conn., Wednesday, Oct. 24, 2012. Parole officials denied Skakel's first bid for parole since he was convicted a decade ago of killing Martha Moxley in 1975. Skakel is serving 20 years to life for fatally beating Moxley with a golf club when they were 15-year-old neighbors in Greenwich, Conn.
Photo: Jessica Hill, Associated Press

Dorthy Moxley, mother of Martha Moxley speaks to a parole board at...

In this Oct. 24, 2012, file photo, Michael Skakel listens during a parole hearing at McDougall-Walker Correctional Institution in Suffield, Conn. Prosecutors want a judge to dismiss Michael Skakel's latest challenge of his 2002 murder conviction, saying the Kennedy cousin's claim that his trial attorney did a poor job should have been raised in an earlier appeal and that many of the issues he cites were previously rejected. (AP Photo/Jessica Hill, Pool, File)
Photo: Jessica Hill, Associated Press

Family members of Michael Skakel say they, too, have suffered throughout Skakel's many court proceedings and appeals over a period of more than 10 years, following statements after a hearing last week from the family of Martha Moxley, the Greenwich teenager Skakel is imprisoned for murdering.

Skakel, 52, who did not appear at the hearing in state Superior Court in Rockville, is appealing his 2002 conviction of killing Moxley in 1975. If the appeal is not dismissed, a new trial for Skakel is scheduled for April.

John Moxley, Martha's brother, said after the hearing he believes Skakel has already had his day in court, and shouldn't have another trial.

Moxley said the multiple court proceedings for Skakel over the years have taken a toll on the Moxley family members, who were once neighbors to the Skakels.

The victim's 80-year-old mother, Dorthy Moxley, echoed her son's remarks a day before the hearing, saying the continued appeals on Skakel's part are a waste of time and money for the state.

The Skakel family acknowledged the pain the Moxleys must feel during the appeals process, but said justice must be done.

"Yes, it's horrible to have anyone who lost a family member have to relive the experience each time an appeal comes up," the Skakel family wrote in a statement.

"But it is equally horrible for an innocent man to be in prison for a crime committed by someone else." Skakel has professed his innocence since his arrest. During a parole hearing in October, he once again said he was innocent, and was denied parole.

During the hearing last Thursday, Skakel's attorney, Hubert Santos, argued that Michael Sherman, Skakel's attorney at the time of the 2002 trial, did not adequately defend Skakel.

Supervisory Assistant State's Attorney Susann Gill said Skakel is in procedural default by raising many of the issues with Sherman in the latest appeal.

The Skakel family echoed Santos' arguments in their statement, saying Sherman didn't properly investigate a star witness in the trial and didn't present key witnesses to refute that testimony.

"(Skakel's) defense attorney, without objection, allowed the State to present a pre-packaged, consultant-produced closing argument that was beyond the realm of reality and without truth," the family wrote, adding they believe the forthcoming trial will reveal the mistakes of the first trial.

Sherman has defended the way he handled Skakel's case, and did that once again following the hearing.